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Legal Studies > Human Rights > Flashcards

Human Rights Flashcards

1
Q

Define Human Rights

A

Basic rights and freedoms believed to belong justifiably to all human beings. They are indivisble, inalienable, inherent and universal.

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2
Q

Define slavery

A

A type of forced labour in which one person is considered to be the legal property of another

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3
Q

Who was the last country to abolish slavery and when?

A

Mauritania in 1981

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4
Q

What was the Industrial Revolution?

A

A period of rapid development of industry in the 18th and 19th century, characterised by changes in agriculture, manufacturing and transport.

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5
Q

Define Trade Unions

A

An organisation of workers created to preserve and further interests and rights of their group

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6
Q

What Act legalised the establishement of trade unions?

A

Trade Union Act 1871 UK

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7
Q

When was the International Labour Association established?

A

1919, after World War I

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8
Q

Define Labour Rights

A

Rights at work, including paid leave, rights to safe wroking conditions, minimum wages or to join a trade union

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9
Q

When was the first Industrial Action recorded?

A

1791- Sydney convicts demand daily instead of weekly rations

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10
Q

What was the first successful labour union campaign?

A

1856 by stonemasons in Victoria. They stopped working to demand the support of an 8 hour work day rather than 14 hours, which then spread to other workforces

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11
Q

Define Universal Suffrage

A

The right of all citizens to vote in an election regardless of creed, race, status or gender

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12
Q

Define Suffrage

A

The legal right to vote in a democratic election

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13
Q

How is Universal Suffrage helpful?

A

Aids in building a healthy democracy because it allows for all people to be acknowledged and their needs represented as a country rather based on the wishes of a selective population.

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14
Q

What Act in the UK allowed all men to vote?

A

The Representation of People Act 1918

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15
Q

When did New Zealand allow women to vote?

A

1893

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16
Q

When did Universal suffrage occur in Australia and what act permitted it?

A

1963 when Aboriginal Australians were granted the right to vote via the Commonwealth Electrol Act 1962 (Cth)

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17
Q

What did the Commonwealth Franchise Act 1902 acheive?

A

Gave all Australian women the right to vote but excluded any ‘aboriginal native of Australia’

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18
Q

What led Australians to change their attitudes on Indigenous voting?

A

The US Civil War

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19
Q

In what year were Indigenous Australian’s given equal voting rights and voting was made compulsory

A

1983 via an ammendment in the Commonwealth Electrol Act

20
Q

Define Universal Education

A

Free and compulsory education for all children and the idea that all human beings have a right to this

21
Q

Define Self-Determinaton

(Collective Right)

A

The collective right of people to determine how to be governed or their political status based on their nation territory or national grouping

22
Q

Define Peace Rights

A

The right of citizens to expect their government to do all in its power to maintain oeace and work towards the elimination of war

23
Q

What is the term when a state commences an illegal war?

A

A war of aggression

24
Q

Who introduced the 4 Freedoms, when and why?

A

US President Franklin Roosevelt, 1941 due to pressure from previous world wars to form an international bill of rights.

25
Q

When is the UN formed?

A

1945

26
Q

What type of law is the UDHR?

A

Soft law

27
Q

What does ICCPR stand for?

A

International Covenant on Civil and Political Rights

28
Q

What does the ICCSCR stand for?

A

International Covenant on Social and Cultural Rights

29
Q

First Generation Rights

What are negative rights?

Freedom FROM

A

Rights that restrict the government and other outside forces from interfering in your affairs. It is Liberty

30
Q

Second Generation Rights

What are positive rights?

Freedom TO

A

Rights that require others to provide you with either a good or service. They do so by taking away another individual’s rights.

31
Q

What is a criticism of the distinction between postive and negative rights?

A

Because negative rights can also require a postive action

32
Q

When can the UN HRC hear complaints for the breach of the ICCPR?

A

If the relevent country has ratified the Optional Protocol to the ICCPR

33
Q

Define State Sovreignty

A

The authority of an independent state to govern itself

34
Q

Define State

A

The government and the people it governs; a country

35
Q

Define Sovereign State

A

A geographical area that is controlled by central government which exercises supreme independent authority over that internally and externally

36
Q

Define Nation

A

People that share a common heritage, language or culture and sometimes common race

37
Q

According to Article 1 of the Montevideo Convention on the Rights and Duties of States; what must a State have?

A
  • A permanent population
  • A defined territory
  • A functioning government
  • Capacity to enter into international relations
38
Q

When can Statehood become disputed?

A

If an individual is living within the territory of an unrecognised state or if they live in a state with which relations have broken down

39
Q

What are advantages of State Sovreignty?

A
  • Allows countires the freedom to enter into international treaties relating to human rights
  • Freedom to create own domestic laws that protect human rights
40
Q

What is a disadvantage of State Sovreignty?

A

Some nations may use it as a way to justify mistreatment of their citizens

41
Q

Who are the 5 permanent members of the UNSC?

10 non permanent members

A

China, USA, France, UK and Russia

42
Q

What are the organs of the UN?

A
  • General Assembly (UNGA)
  • Office of the High Commissioner of Human Rights (OHCHR)
  • United Nations Security Council (UNSC)
  • UN Human Rights Council (UNHRC)
  • Economic and Social Council (ECOSOC)
  • Secretariat
  • International Court of Justice (ICJ)
43
Q

What is the role of UNSC?

A

The maintenance of international peace and security

44
Q

What is an example of an IGO?

Meet every 2 years

A

CHOGM- Commonwealth Heads of Government Meeting

45
Q

What are charcertistics of the ICC?

A
  • Permanent and independent
  • Binding
  • Established in 2002 by Rome Statute and cannot hear crimes before July 2002
  • Not neccessarily a court just for human rights breaches
  • Prosecutes individuals- allows for reduction with state sovreignty problems
  • 139 signatories and 124 ratifications
46
Q

What matters can the ICC?

A

War crimes, genocide, crimes against humanity and acts of aggression

47
Q

What are criticisms of the ICC?

A
  • Can take years to prosecute
  • Has achieved relatively low prosecutions
  • Substantial cost of operating
  • Not all states recognise jurisdiction (e.g. USA)
  • Even when countries recognise it, they do not always follow it

Legal Studies (11 decks)

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